USPTO Patents Application 10088452

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

I ATTORNEY DOCKET NO. | CONFIRMATION No"

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

10/088,452

06/05/2002

Kalle Ahmavaara

4955 7590 09/18/2006

WARE FRESSOLA VAN DER SLUYS &

ADOLPHSON, LLP

BRADFORD GREEN, BUILDING 5

755 MAIN STREET, P O BOX 224

MONROE, CT 06468

915-003.5

2848

EXAMINER

ART UNIT

TRAN, CONGVAN

1

PAPER NUMBER

2617

DATE MAILED: 09/18/2006

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Office Action Summary

Application No.

10/088,452

Applicant(s)

AHMAVAARA, KALLE

Examiner

CongVan Tran

Art Unit

2617

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address

Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.

- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1.704(b).

Status

1 )^ Responsive to communication(s) filed on 29 August 2006 .
2a)D This action is FINAL. 2b)S This action is non-final.

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 1 1 , 453 O.G. 213.

Disposition of Claims

4) ^ Claim(s) 1-34 is/are pending in the application.

4a) Of the above claim(s) is/are withdrawn from consideration.

5) D Claim(s) is/are allowed.

6) ^ Claim(s) 1-34 is/are rejected.

7) Q Claim(s) is/are objected to.

8) D Claim(s) are subject to restriction and/or election requirement.

Application Papers

9) D The specification is objected to by the Examiner.

10)^ The drawing(s) filed on is/are: a)£<] accepted or b)D objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a).

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1 .121(d).
1 1 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-1 52.

Priority under 35 U.S.C. § 119

12)^ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).
a)IEI All b)D Some * c)D None of:

1 Certified copies of the priority documents have been received.

2. Q Certified copies of the priority documents have been received in Application No. .

3. D Copies of the certified copies of the priority documents have been received in this National Stage

application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received.

Attachment(s)

1 ) £3 Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3)

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. .

3) □ Information Disclosure Statement(s) (PTO/SB/08) 5) □ Notice of Informal Patent Application

Paper No(s)/Mail Date . 6) □ Other: .

U.S. Patent and Trademark Office
PTOL-326 (Rev. 08-06)

Office Action Summary

Part of Paper No./Mail Date 20060911

Application/Control Number: 10/088,452

Page 2

Art Unit: 2617

DETAILED ACTION

Claim Rejections - 35 USC § 112

1 . The following is a quotation of the second paragraph of 35 U.S.C. 112:

The specification shall conclude with one or more claims particularly pointing out and distinctly
claiming the subject matter which the applicant regards as his invention.

2. Claims 33-34 are rejected under 35 U.S.C. 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
applicant regards as the invention.

3. Claim 33 recites the limitation "the means for relocating" in line 5. There is
insufficient antecedent basis for this limitation in the claim.

Claim Rejections - 35 USC § 102

4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:

A person shall be entitled to a patent unless -

(e) the invention was described in (1) an application for patent, published under section 122(b), by
another filed in the United States before the invention by the applicant for patent or (2) a patent
granted on an application for patent by another filed in the United States before the invention by the
applicant for patent, except that an international application filed under the treaty defined in section
351(a) shall have the effects for purposes of this subsection of an application filed in the United States
only if the international application designated the United States and was published under Article 21(2)
of such treaty in the English language.

5. Claims 1-34 are rejected under 35 U.S.C. 102(e) as being anticipated by Salkini
et al. (6,912,230).

Regarding claims 1-16, Salkini discloses a multi-protocol wireless communication
apparatus and method, comprising:

Application/Control Number: 10/088,452 Page 3

Art Unit: 2617

defining a protocol initializing unit containing predefined information of a first
termination point of a radio interface of a communication system by radio interface
protocol (see abstract, table A on col. 9, fig.9, elements 240, 241 and its description);

transferring the protocol initialization unit from the first termination point to a
second termination point of the radio interface protocol by a second protocol (see
abstract, fig.9, elements 242, 249, and its description);

initializing the second termination point of the radio interface protocol based on
the protocol initialization unit (see abstract, fig.9, element 210 (MSC), and its
description).

Regarding claims 17-22, 29-30, Salkini discloses a multi-protocol wireless
communication apparatus and method, comprising:

a first protocol termination point of a radio interface protocol (see fig.9, elements
242, 249 and its description);

a second termination point of the radio interface protocol (see fig.9, elements
240, 241 and its description);

a controller for relocating the radio interface protocol from the first protocol
termination point to the second protocol termination point of the radio interface protocol,
said controller being arranged to form a protocol initialization unit containing predefined
information of the radio interface protocol at the first protocol termination point (see
abstract, fig.9, table A, col. 9, and its description);

a communication path based on a second protocol between the first and the
second termination points of the radio interface protocol for transferring the protocol

Application/Control Number: 10/088,452 Page 4

Art Unit: 2617

initialization unit (see fig.9, elements MSC 210, BTS 241 , BTS 249 and its
description);and

a controller for initializing the second protocol termination point of the radio
interface protocol based on the protocol initialization unit (see fig.9, element MSC 210
and its description).

Regarding claims 23-26, 31-32, Salkini discloses a multi-protocol wireless
communication apparatus and method, comprising:

a protocol termination point of a radio interface protocol (see fig.9, element 241
and its description);

a controller for relocating the radio interface protocol from the first protocol
termination point of the radio interface protocol to another protocol termination point of
the radio interface protocol, said controller being arranged to form a protocol
initialization unit containing predefined information of the radio interface protocol at the
protocol termination point (see abstract, fig.9, MSC 210, table A, col. 9 and its
description); and

an interface to said another protocol termination point of the radio interface
protocol based on a second protocol for transferring the protocol initialization unit from
the first termination point by second protocol (see fig.9, element 249 and its
description).

Regarding claims 27-28, Salkini discloses a multi-protocol wireless
communication apparatus and method, comprising:

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Art Unit: 2617

a radio interface protocol termination point of a radio interface protocol (see fig. 9,
element 241 and its description);

an interface to another protocol termination point of the radio interface protocol
for receiving a protocol initialization unit containing predefined information of the radio
interface protocol at said another termination point of the radio interface protocol ,
wherein the interface is based on a second protocol (see fig. 9, element 249, table A,
col.9 and its description); and

a controller for initializing the radio interface protocol termination point based on
the received protocol initialization unit (see fig. 9, MSC 210 and its description).

Regarding claims 33-34, Salkini discloses a multi-protocol wireless
communication apparatus and method, comprising:

a radio interface protocol termination point of a radio interface protocol (see fig.1 ,
elements 240, 241 , and its description);

means for receiving a protocol initialization unit containing predefined information
of the radio interface protocol at another termination point of the radio interface protocol,
wherein the means for relocating are based on a second protocol (see fig. 9, element
MSC 210, table A, col.9 and its description 249, and its description; and

means for initializing the radio interface protocol termination point based on the
received protocol initialization unit (see fig. 9, element MSC 210 and its description).

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to CongVan Tran whose telephone number is 571-272-
7871. The examiner can normally be reached on Monday-Thursday.

Application/Control Number: 10/088,452

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Art Unit: 2617

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Nick Corsaro can be reached on 571-272-7876. The fax phone number for
the organization where this application or proceeding is assigned is 571-273-8300.

Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
you have questions on access to the Private PAIR system, contact the Electronic
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system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

CongVan Tran
Primary Examiner
Art Unit 2617

Sept. 12, 2006.